61 °F Ocean City, US
May 9, 2024

Changes in Ocean City ordinance uncuff police

OCEAN CITY —City Council gave final approval last week to amending city ordinances so police can curb problems the resort has faced with crowds of unruly teens over the summer.

Following up on the ordinance introduced in December, council voted unanimously to amend multiple sections of Ordinance 87-17 “Police Regulations” and “Beaches, Boardwalks and Recreational Areas” that will allow police to detain teenagers who violate various laws.

Police have said they’ve been handcuffed since state laws regarding juveniles were changed, making it nearly impossible to detain underage youths — or even ask for their names — even when they were suspected of violating laws, including alcohol and marijuana consumption.

Ocean City and other shore towns were plagued by teens who gathered on the beaches and boardwalks with little fear of police enforcement since the New Jersey Legislature changed laws in 2020 ostensibly to protect juveniles from getting police records over non-violent offenses. The laws prohibit police from searching teens for illicit drugs or alcohol and other contraband, asking for their names or reporting their behavior to their parents.

The actual changes to the ordinance are seemingly minor but will serve to circumvent the state laws by considering certain aspects “a breach of the peace.”

City Solicitor Dorothy McCrosson explained the changes affect 13 sections of administrative code, “a violation of which would constitute a breach of the peace, which would give police the opportunity to take an offender into custody.” Without this language and under the juvenile reform legislation, that was something the police could not do.

“We’re trying to give the police additional tools in maintaining the peace during the summer months when it’s so busy in Ocean City,” she said.

Citizens and council members were all for it at the meeting.

So was Leonard Desiderio, the mayor of Sea Isle City and the newly elected director of the Cape May County Board of County Commissioners.

The affected sections of the administrative code are 4-1, manufacture, possession or consumption of alcohol; 4-4, bicycle regulations and registration; 4-6, curfew; 4-11, litter; 4-13, misrepresentation of age unlawful; 4-15, noise and disturbing the peace; 4-31, graffiti prohibited on public and private property; 4-37, fireworks; 4-41, jumping from bridge; 18-2.4, beach badges required; 18-2.5, beaches, boardwalks and recreational areas and hours; 18-4, bicycles and other vehicles on the boardwalk; and 18-6, smoke-free parks and recreation areas.

Desiderio attended last Thursday’s council meeting with Commission Vice Director E. Marie Hayes of Ocean City and newly elected Commissioner Andrew Bulakowski. It is part of a tour of Cape May County communities to find ways the county can work with them and for communities to work with each other.

“Your concerns and challenges are our concerns and challenges,” he said, addressing the council and administration.

“What’s happening in Ocean City is happening in other communities,” Desiderio said, citing the “juvenile problem” as one example. 

He said it is good to see Ocean City’s ordinances, which he called a great first step. The county also is working with local legislators to come up with better solutions statewide.

“This is not a Republican or a Democratic problem. This is a problem we have to work on together,” he said. 

Desiderio noted he co-hosted a meeting with Mayor Jay Gillian on the issue last fall.

Other areas they can work on include flooding and a boardwalk fund Gov. Phil Murphy announced in his state of the state address.

A number of citizens also spoke up to support the action Ocean City took on helping the police control bad behavior among teens.

Resident Marie Hayes said she was afraid to let her little children up on the boardwalk when the older kids were there and the police’s hands were tied.

Resident Sheila Hartranft also supported the change, but asked that the enforcement not be limited just to beaches, boardwalks and recreational areas (of which there are many throughout the city). 

“I feel attention should be paid to the entire island,” she said. “I want police to have authority whether they’re on the boardwalk or a street corner.”

Councilman Bobby Barr said he supported anything they could do to give the police “more tools in the toolbox” to deal with the issue.

Councilman Tom Rotondi said he wouldn’t take his small children to the boardwalk after dark in the summertime because of the teen problem. 

“I’m glad we’re combating it and working with police,” he said.

Councilman Jody Levchuk agreed and thanked Desiderio and the other commissioners for being there. 

“These are nonpartisan issues. This is a nonpartisan town, this is a nonpartisan government and we’re experiencing nonpartisan teenager issues,” he said.

Councilman John “Tony” Polcini added, “As a father who has a teenager who wants to get up on that boardwalk every night … I’m excited to see some things being done.”

The vote, on second reading, to approve the ordinance was 6-0, including Council President Pete Madden and Vice President Karen Bergman. Terry Crowley was absent.

By DAVID NAHAN/Sentinel staff

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